jose (private) 23 February 2013

Nri husband filed divorce in us

HI Members,

I am writing this for my friend.She is a hindu,who got married 2 years before.Her husband is working in usa .

The marriage was conducted accroding to the hindu act .After the marriage he went to us left her in india.

After that there was no contacts.six months before he came to india for his father's funeral.He was not ready to talk with her or her parent's .He went back and now he send divorce papers from the us court in the hands of a friend.His mother gave her the papers.He is telling some silly reasons for divorce like they ve a lot of difference with each other.The funny thing is that they stayed toghether only for a week after that he went to usa.My question is that whether he can divorce her with a petition filed in USA without mutual consent?He got PR recently

Reply Follow

4 Replies

Advocate M.Bhadra 23 February 2013

Filing a Divorce Suit in USA does not lie to dissolve the marriage whch was solemnized in India,the related laws are different in two countries.If your friend want to continue the marriage tie anf if there is any cruelty on her then ask to file a Criminal Case under sec.498a IPC and also file a Maintenance Case under sec.125 Cr.P.C. in India if there is no independent income and send summon to USA ,on default court can issue warrant and attach husband's property in India if any.

SRISHAILA.DHARANI (Advocate&consultant) 23 February 2013

He cant divorce you by filling case in usa. Further i agre with reply given by Minansu bhadra.

(Guest)

The rules should be amended that if a false case is registered and proved in the court, the advocate of such a petitioner should be send to jail for 1year on a criminal offence and BAR association should ban such advocates for a lifetime.

There is no law in this country only abuse.

sridhar Domala - 9989493740 (advocate) 23 February 2013

Dear Stalker,

if a false case is registered and prooved then it is not a false case, if it is true case only then the case is registered and if it is prooved then there is no word called false case. our system is strong enough to filter out the false / true cases.

and coming to the question raised, as per our Law we can file a case where the petitioner resides or where the respondent resides or where lastly both are resided, but we should check wheather the petitioner when he is residing in other country, then can it be allowed to file a case for Divorce.